February 28, 1995 CONGRESSIONAL RECORD — SENATE S 3263 ‘‘Senator Brown is correct that there has not been President Clinton’s deficit reduction Mr. HATCH. Mr. President, with that a significant amount of litigation in the states in- terpreting their balanced budget provisions, and plan which cut the deficit by $500 bil- understanding I now move to table the that this is a factor that weighs against the argu- lion over 5 years. I might add we made following amendments and motion and ment that there would be an avalanche of litigation that very difficult decision without a ask for the yeas and nays: The Kennedy under a federal balanced budget amendment.’’ single Republican vote. But more needs amendment No. 267, Nunn amendment Mr. HATCH. I yield 5 minutes to the to be done, and if this amendment No. 299, Levin amendment No. 273, distinguished Senator from Louisiana. passes there will be many more and dif- Levin amendment No. 310, Levin Mr. BREAUX. I thank the Senator ficult decisions to make. It will not be amendment No. 311, Pryor amendment for yielding his time. easy. No. 307, Byrd amendment No. 252, Byrd Mr. President, my colleagues, amend- I cannot vote to kill this effort amendment No. 254, Byrd amendment ments to the Constitution cannot be today, here in Washington. Our States No. 255, Byrd amendment No. 253, Byrd passed by the Congress alone. It is a must be involved. They should have the amendment No. 258, Kerry motion to partnership arrangement. The process right to bring this measure up in our commit to budget committee. must also include ratification by the State legislatures, debate it, and then The Nunn amendment is as modified. various States. Three-fourths of the have the right and indeed the obliga- The PRESIDING OFFICER. Is there States, 38 States, must also join with tion to vote on it. For me to vote no objection? the Congress in ratifying any proposed here in Washington is to say to my Mr. HATCH. Excuse me—that is amendment to the Constitution before State of Louisiana, and the other it comes part of the Constitution. States, that I know so much more than right. I withdraw that last statement. In order for me to justify not even you on this particular issue that I now Just the amendments I read the num- voting to send this proposal to my vote no so that you cannot vote at all. bers for. State of Louisiana and the various I will not do that. So today I will vote The PRESIDING OFFICER. Without other States for them to debate and to yes on the balanced budget amendment objection, it is so ordered. vote on this measure, I must be con- and send it to the States for ratifica- Is there a sufficient second? vinced that on its face this amendment tion and consideration. There is a sufficient second. is such bad public policy that it must I yield the floor. The yeas and nays were ordered. die here in Washington. Is this amend- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- ment perfect? No, it certainly is not. ator from Utah. ator from Utah. Its faults are many and they raise seri- f Mr. HATCH. Mr. President, I want to ous concerns in a number of areas. personally chat with the distinguished No. 1, can unelected Federal judges UNANIMOUS-CONSENT AGREEMENT Senators from Georgia and Louisiana. I who are appointed for life raise taxes Mr. HATCH. Mr. President, I ask have listened to their comments care- and cut programs to enforce this meas- unanimous consent that it be in order fully and will agree that we would take ure? The Nunn and Johnston amend- for me to move to table the following the amendment of the distinguished ments address this particular question. amendments en bloc, and the ordering Senator from Georgia, as modified— I understand that there are those this of the yeas and nays be in order, with hopefully by a voice vote. It will save morning who are willing to correct it one show of seconds. us all time but nevertheless to accom- with the adoption of the Nunn amend- The PRESIDING OFFICER. Is there modate the distinguished Senator. And ment which would go a long ways to objection? hope that would, of course, allow us to correcting this very serious problem. Mr. BYRD. addressed the Chair. proceed from there. The question of how can the States The PRESIDING OFFICER. The Sen- Mr. NUNN. I thank my friend from cast an intelligent vote on ratification ator from West Virginia Utah and my friend from Illinois, and without having the right to know in Mr. BYRD. Mr. President, I ask the also Senator CRAIG and Senator LOTT advance, for instance what will happen Senator to clarify his request to make and others who have worked hard mak- to them if it is ratified, is a very seri- sure that the request does not include ous concern that needs further debate ing this amendment acceptable. the tabling of several amendments list- The Senator from Washington State, and consideration. Are programs, such ed en bloc. Senator DORGAN, and I have had some as those that have trust funds as a Mr. HATCH. As I understand it, what conversations also. Some of the lan- means of funding programs, like the we are trying to do is make sure the guage in this amendment now as is Social Security Program, in danger of motions to table on each of these modified has been suggested by the being cut under this amendment? amendments will be in place. They can There needs to be further discussion be called up separately. Senator from Washington. and further debate on that particular I modify my unanimous-consent re- Mr. President, I think this is enor- issue. quest to make that clear. mously important, as I said. I will not The answers to these questions are Mr. LEAHY. Reserving the right to repeat my remarks but I appreciate the not clear and more debate, not less, object, then, now that the unanimous fact that the managers of the bill have must occur. It is an issue that has gen- consent has been modified, will the agreed to accept this amendment or to erated a great deal of justified emo- Chair restate it, please? recommend its acceptance to the Sen- tion. National polls and polls of my The PRESIDING OFFICER. It is the ate. I urge my colleagues to vote for State of Louisiana indicate that ap- Chair’s understanding that the Senator the amendment. Assuming as I do as- proximately 75 percent of American has requested to move to table each in- sume that the amendment will be part people support a balanced budget dividual amendment en bloc, and to of this constitutional amendment, then amendment. But the polls also indi- order the yeas and nays en bloc, but I will vote for the final passage on the cate, at the same time, that they do that the votes would actually be taken constitutional amendment and I urge not support the balanced budget individually. Is that correct? my colleagues to join in that effort. amendment if it means that there will Mr. HATCH. That is correct. I now The PRESIDING OFFICER. The Sen- be cuts in Social Security, or there will move to table the following amend- ator from South Dakota. be cuts in Medicare, or there are likely ments. Mr. DASCHLE. Mr. President, there to be cuts in some other favorite pro- Mr. LEAHY. I am still reserving my are a number of Senators who have ex- gram of our constituents. right to object. pressed concerns about a voice vote on I voted for a balanced budget amend- Mr. HATCH. Sure. this amendment. Given the fact that it ment to the Constitution in the past as Mr. LEAHY. Those votes would occur has been the subject of debate and peo- I believe the long-term debt of our Na- beginning this afternoon, is that cor- ple are on record on this amendment tion is a critical problem that, so far, rect? during the course of the last several we have been giving to our children The PRESIDING OFFICER. It is the weeks of debate, I suggest that we have and to our grandchildren. We have Chair’s understanding that they would a rollcall, just to provide Senators the made good efforts on reducing the defi- take place this afternoon. opportunity to express themselves on cits, as we have in 1993 in adopting Mr. LEAHY. I have no objection. this amendment. S 3264 CONGRESSIONAL RECORD — SENATE February 28, 1995

But that is consistent with the unan- we would protect the future of the So- amendment by Mr. NUNN will effec- imous-consent request. I urge we do cial Security system in this country. tively bar the courts from intervening that. We can protect it in this constitutional in cases or controversies that will arise At this time I yield 7 minutes to the amendment to balance the budget. It is outside this or even inside the article. distinguished Senator from North Da- our decision. The will of the Senate Let us read the amendment. The ‘‘judi- kota. will be expressed to determine whether cial power of the United States.’’ Mr. Mr. DORGAN. Mr. President, I thank we do that or do not. I am told that it President, that language does not ap- the Senator from South Dakota for is not possible to protect Social Secu- pear to say anything about the State yielding the time. Twelve years ago I rity because there are not sufficient courts. In fact, by omitting any ref- was a member of the House Ways and votes for it. If that is the case, then it erence to State courts, the language Means Committee when we wrote a is not possible for me to vote for this impliedly invites them to come in. piece of legislation called the Social constitutional amendment to balance The judicial power of the United States Security Reform Act, one of the most the budget. If between now and the end shall not extend to any case or controversy significant, important, and useful of the day people say that is possible, I arising under this article. things we did during the entire decade say, fine, let us do it then. And then I ‘‘Under this article.’’ Suppose the of the 1980’s. We raised payroll taxes on will revisit this issue. case or controversy arises under some both the employees and employers, we But I just want people to understand other article, under the takings clause, did a whole series of things to make that my notion of this issue has not under the obligations of contract the Social Security system work for, changed. It is an enormously impor- clause, or under the due process clause. we thought then, 50 years. And we tant consideration. Social Security is The Supreme Court of the United solved it for that period of time. one of the most important things this During the writing of that bill, which country has ever done. The 1983 reform States, if it construes a case or con- I participated in, I expressed great con- act was one of the most significant troversy as affected by this amend- cern about the fact that the surpluses pieces of legislation in the last decade ment, is going to take into consider- that we designed to occur in the Social and a half. And the question is whether ation the whole document, the four Security system would be misused un- we are going to be true to our word and corners of the Constitution and the less we protected them. We created sur- stand for the solvency of the Social Se- other amendments thereto. And if pluses. This year the surplus alone is curity system for the long term. there is a John Marshall on that court, $69 billion and the question is, is it On the broader question, do we need he will find a way because, after all, being protected? The answer is no. a balanced budget amendment? You the major purpose of this constitu- All during the discussion of this con- had better believe we do. We need tional amendment is to bring into bal- stitutional amendment, and on pre- greater balanced budget discipline, ance the outlays and receipts annually vious occasions when we have debated whether it is a constitutional amend- of the United States. it, I have raised this question. Unfortu- ment or whether some new legislative The amendment goes on to say—Mr. nately, following an hour and a half initiative. We are sinking in a sea of President, may we have order in the discussion yesterday with the pro- debt. Yes, we need to do this. But you Senate? Mr. President, may we have ponents of this legislation, it appears do not pull yourself out of a sea of debt order in the Senate? that this question will not be resolved. by inappropriately spending three- The PRESIDING OFFICER. We will I indicated two concerns, one of which forths of a trillion dollars of Social Se- not proceed until we have order in the has now been resolved, for which I am curity revenue. One is not a tradeoff Senate, please. appreciative: The enforcement issue. I for the other. The Senator from West Virginia. think that resolved that concern. I will simply not vote for a constitu- Mr. BYRD. Mr. President, I will read But I am also concerned about the tional amendment to balance the budg- the Nunn amendment again. Social Security trust fund. Does any- et unless this problem is solved in one The judicial power of the United States one in this room believe that it is ap- of two ways: either pass the imple- shall not extend to any case or controversy propriate to use Social Security trust menting legislation to redefine what is arising under this article, except as may be funds for other purposes? That is what meant by receipts and outlays before specifically authorized by legislation adopt- is happening. That is what will happen we pass the constitutional amendment, ed pursuant to this section. under the imprimatur of the Constitu- or pass the Reid amendment as em- Mr. President, we say here that the tion if the balanced budget amendment bodied in Senator FEINSTEIN’s sub- judicial power of the United States is passed with this language. stitute. One or the other is satisfactory shall not extend to any case or con- The way to correct this problem is to me. If it appears neither will be troversy arising under this article ex- with the Reid amendment. We had a done, those who count votes should un- cept as may be specifically authorized vote on that and lost. The way to cor- derstand I will then vote no on the con- by legislation adopted pursuant to the rect it is with the substitute offered by stitutional amendment. article. Senator FEINSTEIN. We will have a vote I yield the floor. We all know that legislation that on that, and I expect that will lose. Mr. BYRD addressed the Chair. may be adopted to implement the arti- The other way to correct it is for the The PRESIDING OFFICER. The Sen- cle may change from Congress to Con- proponents to bring up implementing ator from West Virginia. gress. A subsequent Congress can language today, before we pass the con- Mr. BYRD. Mr. President, I yield. amend or repeal the implementing lan- stitutional amendment, which defines Mr. DASCHLE. Mr. President, how guage enacted by a previous Congress. expenditures and receipts as not in- much time do we have remaining? So what we are setting up here is a cluding Social Security, and that will The PRESIDING OFFICER. We have situation in which uncertainty will solve the problem as far as I am con- about 8 minutes 10 seconds. continue to be a key factor in the judg- cerned. Pass the Reid amendment or Mr. DASCHLE. I yield the remainder ments that are to be reached, not only pass the Feinstein substitute, either of of my time to the distinguished Sen- uncertainty within the government it- which will solve this problem as far as ator from West Virginia. self but by the people. We are leaving it I am concerned. If that does not hap- The PRESIDING OFFICER. The Sen- to the Congress to pass legislation au- pen, when the final roll is called, I will ator from West Virginia. thorizing thus and so, perhaps author- be voting against this amendment, and Mr. BYRD. Mr. President, I thank izing the courts to enter into this kind I want people to understand why. the distinguished leader. of case or that kind of case or another This is three-forths of a trillion dol- Mr. President, I compliment the dis- sort of controversy. So we are left with lars. This is not a $10 or $20 billion tinguished Senator from Georgia [Mr. the same uncertainty with this amend- issue. It is three-forths of a trillion dol- NUNN] on his efforts to cure a major ment as we are without it. lars and deals with the promise be- flaw in this constitutional amendment Mr. President, the proposed language tween those who work and those who to balance the budget. I shall vote for by Mr. NUNN seeks to—and it may ef- have retired and deals with the agree- his amendment. Nevertheless, Mr. fectively do so up to a point—eliminate ment that we made in 1983 about how President, I do not feel that this court jurisdiction over legitimate February 28, 1995 CONGRESSIONAL RECORD — SENATE S 3265 claims raised under the balanced budg- into cases or controversies arising trust fund. There was no give on that et amendment. This means, in effect, ‘‘under this article.’’ Even then, the re- amendment. There was no give on that the Nunn amendment confers no sult could be a shift to the President of amendments that would deal with the right not to be convicted under a stat- unreviewable power to impound funds. ups and downs, the rises and the falls ute passed, for example, in violation of The Federal courts would be barred by in the economy—no give on that. But section 4 of the amendment. Section 4 this amendment from reviewing the suddenly, here comes an amendment reads: President’s action, despite the Fram- that the proponents on the other side No bill to increase Federal revenue shall ers’ view that the power of the purse of the aisle seem to be willing to take. become law unless approved by a majority of should be left in the hands of the Con- What about all of the other amend- the whole number of each House by rollcall gress, the closest representatives of the ments that they have rejected? vote. people. And if Congress should respond If the Nunn amendment is included Of course, the Constitution requires to presidential impoundment by grant- in this overall constitutional article, that bills that raise revenues originate ing the courts the power to review such then the balanced budget constitu- in the other body. If a person is con- actions, then the courts would again be tional amendment as amended goes victed under a criminal statute that embroiled in the budget process and, back to the House. If the House does originates in this body, but the con- quite possibly, in the unseemly role of not accept the Nunn language, then the tents of which criminal statute result a conscripted ally of one branch balanced budget amendment will go to in an increase in revenues, then the de- against the other. a conference. The whole balanced budg- fendant who seeks relief will do well on So, Mr. President, even if this et amendment may then be rewritten the basis of a bill which raises reve- amendment is effective in accomplish- in that conference. When that con- nue—even though it was a criminal ing the goal that the distinguished ference report comes back to the Sen- statute under which he was indicted Senator from Georgia seeks, it seems ate, it may not look like the balanced and convicted—which did not originate to me that it creates a greater impetus budget amendment that is presently with the other body. to the flow of legislative power and the before the Senate. Senators would cer- The Nunn amendment confers no control of the purse from the legisla- tainly not have the opportunity to de- right not to be convicted under a stat- tive branch to the President. The ute passed in violation of any of the amendment provides that the courts, bate at length a conference report on a sections of this amendment. in essence, may be authorized to inter- constitutional amendment that had The Nunn amendment may, in cer- vene based on implementing legislation been measurably changed in the con- tain cases, take away the right of an that may be passed or may not be ference process. injured citizen to challenge any cuts in passed and may be changed from Con- Mr. President, I see many slips be- benefits—mandated by law—ordered by gress to Congress. And thus, it gives tween the cup and lip in connection a President who is seeking to enforce authority for the Congress to transfer with this amendment. It is well-inten- the amendment by impounding funds. legislative powers to the courts. tioned. I intend to vote for it. But, Mr. As to due process, this amendment is Subsequent legislation to implement President, it demonstrates the farce writing the due process clause out of the article may be vetoed. That would that we are about to vote on later the Constitution, as far as such claims require two-thirds of both Houses to today—the farce in the form of this are concerned. I have already indicated override the President’s veto. Even if it constitutional amendment to balance that citizens could be convicted of a becomes law, a subsequent Congress the budget. It is a mess! It is a ‘‘quick crime in violation of the Constitution, can change the law. The provision may fix’’, and there is no way to fix this or taxed in violation of the Constitu- be read as granting Congress the power quick fix. The Nunn amendment clear- tion. Yet, Congress would have the to confer sweeping legislative powers ly demonstrates that. power to deny these citizens access to over taxing and spending priorities on I reserve the remainder of my time. the courts in which to vindicate their the courts, in the guise of implement- Mr. HATCH addressed the Chair. rights. ing legislation. The PRESIDING OFFICER. Under The courts could refuse to hear chal- This is a mess. Congress may very the previous order, the Senator from lenges to unconstitutional actions. It well, in implementing legislation, de- Utah has 38 minutes under his control. is unclear, Mr. President, whether this cide just to hand the whole mess over Mr. HATCH. Mr. President, I yield 4 amendment can be raised as a defense. to the courts of the land. Such legisla- minutes to the distinguished Senator While the amendment seeks to bar tion would abdicate Congress’ fun- from Illinois. plaintiffs from access to the Federal damental responsibility over taxing Ms. MOSELEY-BRAUN. Mr. Presi- courts to claim a violation of their and spending and transfer it to dent, today the Senate stands poised to rights, it is not clear whether the pro- unelected judges, and thus decrease the vote on one of the most important posed language also would bar govern- accountability of the Federal Govern- measures that will come before this mental actors—for example, the Presi- ment to the taxpayers. The courts Congress. Indeed, for many in this dent of the United States—from raising would be blamed for making the tough Chamber, the vote on the balanced the balanced budget amendment as a choices, though it may be two, three or budget amendment will be the most defense. Here is an example: Suppose four, five years down the road. But by important vote they cast in their ca- the President cuts Social Security. The then the fingerprints of the proponents reer, and I urge each of my colleagues plaintiff might sue, but he does not sue of this amendment would be cold, and to support it. under the balanced budget amendment the mess would be left in the hands of As I have stated on this floor before, but under a statute. The President the courts. The courts would be blamed I chose a career in public service be- raises the defense that the balanced for making the tough choices, which cause, throughout my life, the public— budget amendment justifies his action. should be the responsibility of the through government—helped broaden How would a court rule? Would the elected officials. my opportunities. I am fundamentally court rule that the case should be dis- Assuming, Mr. President, that the committed to ensuring that future gen- missed because of the balanced budget amendment would be effective in strip- erations have the same opportunities I amendment? But then, all the Presi- ping court jurisdiction and assuming enjoyed. Every child born in this coun- dent has to do to escape scrutiny is to further that Presidential impoundment try—whether black or white, whether invoke the amendment. Would the is not the result—and those are large rich or poor—should have the chance to court rule that the plaintiff wins be- assumptions—the amendment would be achieve his or her dreams. Every per- cause the court has no power to review an empty promise inscribed in the fun- son should have a chance to contribute the defense? Then other plaintiffs could damental charter of our Nation. to society, to the maximum extent bring similar actions and the budget Mr. President, the proponents of this their talent or ability will allow. would go unbalanced. amendment have thus far tabled all Government should play an active Mr. President, let us say that the amendments. Their ears have been deaf role in expanding people’s opportuni- Nunn amendment is effective in bar- to the pleas of those Senators who have ties. The Government should invest in ring intervention by the Federal courts sought to protect the Social Security technology and infrastructure, in job S 3266 CONGRESSIONAL RECORD — SENATE February 28, 1995 creation and training, and in edu- pect the Federal Government to func- too important not to act on today. Who cation, in order to raise the people’s tion as a partner of the people well into could be opposed to affirmatively stat- living standards. The Government the next century. And, if we wait to act ing in the Constitution that current should help unemployed Americans get until crisis comes, any action we take generations must act responsibly, so back on their feet, should help those will be that much more painful, and that future generations will not be who want to work to find jobs, should that much less effective. forced to bear the burden of their irre- ensure that high-quality, affordable The entire Federal deficit for the sponsibility? What could be more im- health care is available to all Ameri- current fiscal year—estimated at $176 portant than the fiscal integrity of our cans, and should protect our environ- billion—represents the interest owed Nation? As another of our Founding ment. Government is not the enemy of on the huge national debt run up dur- Fathers, Thomas Jefferson once said, society; it should be a partner, an in- ing the 1980’s. This year, and next year, ‘‘We should consider ourselves unau- strument of the people’s will, and a the budget would be balanced if not for thorized to saddle posterity with our facilitator of our public interest. But if the reckless supply-side economics debts, and morally bound to pay them the Government does not get its fiscal that caused the deficit to balloon from ourselves.’’ Why is that proposition not house in order—if we don’t act now to its 1980 level of about $1 trillion to its important enough to be included in the stop our runaway deficit spending—the current level of more than $4.7 trillion. Constitution? Government will have little money left If we had acted in 1980 to tackle the Last year I had the honor of reading to provide for the public interest. Only deficit, rather than adopting programs George Washington’s farewell address the holders of the treasury bonds will that merely fed its rapid growth, the to the Nation on the floor of the Sen- be assured of any Government assist- problems we face today—in terms of ate. In that address, Mr. Washington ance. demographics, and the aging of the left us with some words of wisdom As I learned through my work on the baby boomers—would seem much more that, I believe, support the notion of a Entitlements Commission, unless we manageable. In 1980, interest on the balanced budget amendment. I would get the deficit under control, we will be debt was $75 billion—that is a lot of like to quote those here today: leaving our children—and our chil- money, Mr. President, but it is no- As a very important source of strength and dren’s children—a legacy of debt that where near the $950 billion we cur- security, cherish public credit. One method will make it impossible for them to rently pay. How much better off we of preserving it is to use it as sparingly as achieve the American dream of living a would be if, in 1980, congress had pos- possible, avoiding occasions of expense by better life than their parents. sessed the courage to make the dif- cultivating peace, but remembering, also, There is simply no way to get around ficult choices, and balance the budget. that timely disbursements, to prepare for the fact that our present spending Not passing the balanced budget danger, frequently prevent much greater dis- trends are not sustainable in the long amendment will not make our prob- bursements to repel it; avoiding likewise the accumulation of debt, not only by shunning term. In 1963, Mandatory spending—the lems go away. Our ability to meet our occasion of expense, by my vigorous exer- combination of entitlement programs priorities will be much greater if we tions, in times of peace, to discharge the and interest on the national debt— enact the balanced budget amendment debts which unavoidable wars may have oc- comprised 29.6 percent of the Federal now, if we tackle the tough problems casioned, not ungenerously throwing upon Budget. By 1983, that number has al- now, instead of waiting until the coun- posterity the burden which we ourselves most doubled, to 56.3 percent. Ten try is on the brink of financial ruin. If ought to bear. years later, in 1993, mandatory spend- we need any convincing about the need Finally, Mr. President, I would like ing was 61.4 percent of the annual to address the deficit now, in 1995, we to take head on the political implica- budget. Let me underscore that: today, should just look at the consequences of tions of this debate, because it is an mandatory spending—entitlements, our failure to address it then, in 1980. important political question for the plus interest on the national debt— But I disagree that deficit spending is Congress. I am not a signatory of the comprise almost two thirds of the en- the most effective way to accomplish Contract with America. Indeed, I agree tire Federal Budget. that. In 1966, when our deficit totaled with Senator BYRD; the only contract But what about the future? If we $3.7 billion, 2.6 percent of our budget with America that matters to me is the don’t act now, by the year 2003—8 years went toward funding long-term invest- U.S. Constitution. from now—mandatory spending will ment. Now, with our budget deficit But I want to be clear that this issue comprise 72 percent of the Federal about to hit $268 billion, our long-term is not a partisan one. It reflects philo- Budget, 58.2 percent for entitlement investment has shrunk to 1.8 percent of sophical differences that have little to programs, and 13.8 percent for net in- the budget. The reason, I think, is ob- do with party lines. The senior Senator terest on the national debt. Obviously, vious—more and more of our funds from my State of Illinois, Senator if we are spending 72 percent of budget must be devoted to paying interest on SIMON, has been one of the chief advo- on mandatory spending, there is not the debt, leaving less and less for in- cates of the balanced budget amend- much left over for defense, education, vestment. ment for years. Senator SIMON’s liberal or infrastructure. I have heard opponents of House credentials are without question. He is, Consider this example. In real terms, Joint Resolution 1 state that we should and has always been, a Democrat—he AFDC benefits have actually declined not be tinkering around with the Con- was at one time even a candidate for since 1970. The significance of that fact stitution. Well, I couldn’t agree with our Presidential nomination. so this is should not be lost on anyone. We are them more. The years I spent studying not a Republican versus Democrat de- spending ourselves into a deeper and law at the University of Chicago gave bate. Nor is this a battle of the con- deeper hole, yet people are not better me a deep appreciation for the Con- servatives against the liberals. I am off as result. stitution. I believe the U.S. Constitu- proud to call myself a liberal, for the I have heard many opponents of the tion to be the finest exposition of simple reason that I believe govern- balanced budget amendment question democratic principles ever written. I ment has a positive and constructive the need to tackle the deficit imme- make that statement fully aware that, role to play in promoting the public diately. America is not, they maintain, in its original form, the Constitution good. I do not believe government is in the midst of a budgetary crisis. In included neither African-Americans the enemy of progress. I believe it can the short term—the next 7 years— nor women in its vision of a democratic promote progress. In my lifetime, I that’s perhaps true. The country can society. But it changed to better real- have seen firsthand the positive con- probably continue on its current irre- ize the promise of America. The beauty tributions a commitment to the Amer- sponsible path for a few years into the of the Constitution is that it can, ican dream of equality and opportunity next century. But, after that, it will no through a deliberate, cumbersome and can make, I would not be here but for longer be possible to ignore the basic sometimes painful process, be amended the struggles of people of good will to demographic and health care cost to reflect the changing realities, and make the American dream a reality. trends driving the increases in Federal meet new challenges faced by our Na- And it is precisely because I so value spending. We simply will not be able to tion. This current problem—the prob- their struggles that I believe we must continue on our current path, and ex- lem of our growing fiscal disorder—is take the steps that a commitment to February 28, 1995 CONGRESSIONAL RECORD — SENATE S 3267 providing opportunity requires. We cerns that have been raised in opposi- ment. It forces us to confront—head- have a duty to use our decisionmaking tion to this balanced budget amend- on—the fiscal disaster we have created, power in a manner that preserves free- ment. and it will force an essential discipline dom and opportunity for all Ameri- Unfortunately, absent the balanced in our budget process that has been cans, not only in this generation, but budget amendment, the Constitution sadly absent. in every generation to come. does not give us what we now lack—the President Clinton deserves enormous Poor people are not helped by the will to make the difficult decisions credit for the $500 billion deficit reduc- deficits and out-of-control spending necessary for us to get our fiscal house tion package, which passed this body in habits we cannot seem to shake. Its in- in order. That is what the balanced 1993. It took courage and he did not teresting as I listen to the debate that budget amendment is calculated to do. have the bipartisan help he deserved. swirls around the issue of the balanced It will impose on Congress the fiscal But it was not enough. budget amendment and Social Secu- discipline to do what we should have Mr. President, during the course of rity. The reason that debate is so in- done years ago, what George Washing- this debate, I have heard many tense, Mr. President, is that current re- ton exhorted us to do in his farewell thoughtful and sincere arguments in cipients of Social Security—and even address to the Nation, and what the opposition to this amendment. This those of us in the baby boom genera- preamble to this Constitution tells us morning, I would like to address just tion who will be collecting checks in to do. two of them—whether or not the the not so distant future—have an ab- This is not a partisan debate, or at amendment will result in deep cuts to solute expectation that Social Security least it shouldn’t be. The essence of important programs and whether or will provide for us in our retirement. this debate boils down to whether each not the amendment is worthy of con- individual Senator, regardless of party, The same cannot be said for those in stitutional consideration. believes we have a fundamental obliga- our younger generations. When you Mr. President, those who oppose this tion to our posterity, and a fundamen- speak to people who are my son Mat- amendment because it will lead to tal obligation to the American people, thew’s age, they have absolutely no painful cuts are arguing not against to abide by the Constitution that we faith that Government will be there for the amendment, but against actually are all sworn to uphold. them when they need it, that it will balancing the budget. None of the help them enjoy retirement security or Mr. President, I call upon my col- leagues to take the pledge by voting choices are easy. affordable health care or a high stand- But to oppose this amendment be- ard of living. And why should they, Mr. for this amendment that we will deficit spend no more, that we will be respon- cause of the difficult choices it will President? Since my son was born in force, is to say to the American people 1977, he has never seen a balanced sible for the debts that we incur, that we will be responsible for the budgets that we do not have the will to govern budget. He has no idea what it means responsibly and live within our means. to live under a Federal Government we pass, and that we will be responsible to future generations, and not saddle Making these choices means estab- that spends within its means. He has lishing essential priorities for our Na- heard politician after politician prom- them with debt. I call on my fellow Senators to transcend the hysteria and tion, identifying effective programs, ise to balance the budget, yet has only that provide hope and opportunity for seen the deficit skyrocket. fear that has fueled the opposition to our people, programs that defend our That cynicism grows deeper and this balanced budget amendment, and freedom at home and abroad, and pro- deeper every day, despite pronounce- respond instead to our hopes, and to grams that invest in a better tomorrow ments of politicians that a brighter the responsibility that we are given as for our children and our grandchildren. day is just around the corner. The fact Members of this U.S. Congress to get Protecting these priorities means: is, with current budget trends, a our fiscal house in order, to discharge saying ‘‘no’’ to less critical spending; brighter day is not around the corner. our debts, and not to ungenerously and having the fortitude to turn to the What lies ahead, if we fail to act, is throw upon posterity the burdens which we ourselves ought to bear. revenue side when we cannot respon- slower economic growth, greater debt, Mr. President I thank the Senator sibly cut spending any more; and refus- fewer options and higher taxes. The from Utah for his yielding, and I yield ing to enact new tax cuts we cannot af- time has passed for us to realize that the floor. by failing to act, we are indeed making ford and tackling entitlement reform, Mr. HATCH addressed the Chair. a choice—a choice that involves throw- the 800 pound gorilla of the 21st cen- The PRESIDING OFFICER. The Sen- ing away most of our options for deal- tury. ator from Utah. ing with our fiscal problems. The only If we do not, Mr. President, if we con- Mr. HATCH. I yield 4 minutes to the way we will be able to turn current tinue on our present course and speed, distinguished Senator from Virginia. budget trends around is to face reality entitlements and interest on the debt— Mr. ROBB. Mr. President, I will be with the help of the balanced budget and nothing more—will absorb the en- brief. My views are already known to amendment. tire tax revenue base of the Federal most of the Members of this body. I Mr. President, I want to take this de- Government by the year 2012. It will support the balanced budget amend- bate back to the beginning—to the absorb all of it, with nothing left for ment reluctantly—as a bad idea whose Constitution. The Constitution states, national defense or any other Federal time has come. What I really support in its preamble: program. are the balanced budgets this amend- How then do we invest in our chil- We the People of the United States, in ment seeks to achieve. dren? Order to form a more perfect Union, estab- lish Justice, insure domestic Tranquility, I support the amendment because I Interest payments on the national provide for the common defense, promote the do not believe we are ever going to debt will not ever put a single poor general Welfare, and to secure the Blessings have the will to actually balance our child through college. Interest pay- of Liberty to ourselves and our Posterity, do budgets without it and that out failure ments on the national debt will not ordain and establish this Constitution for to do so puts our future in doubt and ever provide nutrition for a disadvan- the United States of America. demands extraordinary and uncommon taged pregnant woman, special edu- Mr. President, I believe that this con- action by this Congress. cation for a child with disabilities, or stitutional preamble sets the stage for Let me begin by saying that I en- the only hot meal of the day for a 6- the vote we will soon cast on this bal- dorsed this amendment more than a year-old living in poverty. anced budget amendment, and tells us decade ago, not because I believed then I support this amendment, reluc- the direction in which we should go. or now, that it will, in and of itself, tantly, Mr. President, not because I This Constitution gives Congress the bring our budget into balance, but be- want to endanger programs that pro- power to protect Social Security, to re- cause it establishes both a call to ac- vide real opportunity for our children, spond to fiscal emergencies, and to tion and a destination—and because it but because I fear for the strength and foreclose judicial interference in budg- takes away an excuse for not making security of the world we leave them, eting. It gives us the power to do ev- the hard choices we are going to have and their children if we do not act erything necessary to respond to con- to make with or without the amend- today. S 3268 CONGRESSIONAL RECORD — SENATE February 28, 1995 A child born today will be 17 years budget continued to skyrocket: $300 Mr. HATCH. Mr. President, I yield to old—a senior in high school—the year billion in 1975, $500 billion in 1979, $800 the distinguished Senator from Ten- entitlements and interest on the debt billion in 1983, and the first $1 trillion nessee for 1 minute. begins to absorb all our tax revenue. budget in 1987. The budget for fiscal Mr. THOMPSON. Thank you, Mr. What kind of a nation will that child year 1995 was over $1.5 trillion. President. inherit? Will it even resemble the Federal spending has gripped the Mr. President, there is nothing more world of unlimited possibilities that Congress as a narcotic. It is time to basic to human nature than looking our parents left us? break the habit and restore order to out for the interests of those we bring Today, we make that decision, Mr. the fiscal policy of the Nation. It is in- into this world. Yet we are not doing President. Today, we decide the future cumbent upon this body to send the that in this country. On the contrary, of the class of 2012. Today, we either balanced budget amendment to the we are creating an economic disaster begin to assume the responsibility for American people for ratification. I am for the next generation, a debt that our own debt or we leave it to our chil- pleased that we have reached agree- they will never be able to dig out of dren and our grandchildren. ment to vote on final passage today. and the prospects of living in a second- Our Founding Fathers would be dis- I want to say this: The federal debt is rate country. mayed to know that we have reached $4.8 trillion. How did it come about? We are doing this not because of the point where amending their Con- Big government, big spending, not fol- some great depression. We are doing stitution is necessary to protect the lowing sound fiscal policy at all. The this not because of some great war. We strength and security of future genera- annual interest on this debt—the an- are doing this not because of some nat- tions of Americans. And if we had gov- nual interest we pay for which we get ural disaster. We are doing this simply erned with the political courage of our nothing, it just goes down the drain— because we have lacked the will to forefathers, we would not be facing a $235 billion. That is the second largest make the tough decisions. fiscal crisis of such enormous propor- item in the budget. Mr. President, through the history of tion. The average annual deficit for each the course of this country, in times of But I would argue, Mr. President, year during this decade has been $259 crisis, leaders of both parties have that paying our own bills is not a triv- billion. It is unreasonable. How are we banded together to face that crisis and ial matter. Protecting our ability to going to stop it? I have been here 40 overcome it. We must do so again this invest in the kind of America we want years. We have balanced the budget very day because, indeed, it is a crisis for our children, is not a minor aca- only one time in 32 years. The budget we face. We must do so by passing this demic argument. Tripling our debt in has been balanced only eight times in balanced budget amendment. 15 years is not an inconsequential act. the last 64 years. When are we going to The people’s voice could not be more Mr. President, $6 trillion is not trivial. stop it? When are we going to stop clear on this matter. They have spoken To me our own lack of will in paying spending more than we take in? When in the polls. They have spoken through our bills trivializes our Constitution— are we going to stop putting this debt their legal, elected representatives in and this institution—far more than a on our children and grandchildren and the House. They stand ready to speak balanced budget amendment. generations to come. again in State legislatures throughout To the children graduating from high I say to Members that we must take this Nation once we have done our school in 2012, an amendment to bal- action. Today is the day to do it. duty. Let it not be said that it was the ance our Federal budget will be more Today is the day to pass this amend- Senate of the United States of America important to the kind of country they ment and let the American people that stifled the strong, clear voice of inherit than the last amendment we know we mean business and we are the American people. I yield the floor. added to the Constitution. That going to protect this country. We have Mr. HATCH. Mr. President, I yield 1 amendment, the 27th, ratified in May, to protect it from this big spending minute to the distinguished Senator 1992, required intervening elections be- just like we have to protect it in time from Maine. fore congressional pay raises go into ef- of war. Either can ruin this Nation. Ms. SNOWE. I thank the Senator. fect. Now, I want to mention this: The Mr. President, Robert Louis Steven- The legacy of debt we leave our chil- leadership in both houses have stated son once said, ‘‘These are my politics: dren, can never be trivial nor incon- that Social Security will be protected To change what we can to better what sequential. It violates a sacred obliga- in the implementing legislation once we can.’’ With today’s vote, we have tion that has passed through genera- the balanced budget amendment is the chance to do both. tions of Americans, an obligation adopted. I have long supported our sen- Like so many other times in this which has endured since the birth of ior citizens and believe that the prom- great Nation’s history, we are standing our democracy and the adoption of our ise of Social Security is not to be bro- today before the American people on Constitution. That obligation is to ken. The Federal debt is the greatest the cusp of monumental change. We leave a future brighter than our past. If threat to Social Security. Adoption of have inherited the challenges and the we do not act today we are violating the balanced budget amendment and responsibilities of leadership of pre- that obligation. strong language in the implementing vious generations of Americans, Ameri- Mr. President, I yield the floor and I legislation will ensure the viability of cans who have stood in this Chamber thank the manager. Social Security. and voted for difficult votes that mold- Mr. HATCH. Mr. President, we are The Senate should pass this amend- ed the image of their generation. down to our last half-hour. It is my ment. My home State of South Caro- In this century alone we had women’s honor to yield 4 minutes to the distin- lina has a balanced budget require- suffrage, the declaration of World War guished Senator from South Carolina, ment. We have abided by it for years. II, and civil rights laws. Each of these who was the first to ever fight for a We do not run any deficits. Why? Be- events ended the status quo of one gen- balanced budget amendment on our cause we have the mandate of a bal- eration and ushered in a new beginning side and who deserves a lot of credit if anced budget by constitutional provi- for the next. this amendment passes. sion. That is what we are trying to get The prophetic nature of this debate Mr. THURMOND. Mr. President, we here. We also have a statute. cannot be understated in the annals of have seen the national debt and defi- I say to Members, if we do not pass America’s history. This is a defining cits rise because, in large part, the this amendment today, we will miss a moment for our generation. This is our Federal Government has grown. It has great opportunity. There is no one chance to be remembered for what is grown tremendously out of reason. piece of legislation we can pass this just and right in our time. This is our The first $100 billion budget in the year or any year to come that is more last chance to roll back the years of in- Nation occurred in 1962. This was al- important than this balanced budget debtedness. most 180 years after the Nation was amendment. I hope we pass it today. It This legacy of debt is not just an im- founded. Yet it took only 9 years, from is for the good of America. It is for the balance between revenues and expendi- 1962 to 1971, for the Federal budget to good of our country. We ought to do it tures. It is an imbalance between trust reach $200 billion. Then, the Federal without delay. I yield the floor. and responsibilities. The last time the February 28, 1995 CONGRESSIONAL RECORD — SENATE S 3269 Congress balanced its budget was when graduated in the mid-1960’s it was up to next time. It will pass. It is just a mat- America put a man on the noon. $1,600. When my children, Patrick and ter of when. If there is one thing that we have Jill and Becky, graduated in the mid- It is a matter of when we are going to learned in the last 26 years, it is this: 1980’s, it was up to almost $9,000. be able to look in the eyes, as I do, of We cannot balance our budget in the If we continue to go the way we have my 2-year-old little boy and my 3-year- absence of a stronger force than poli- been going, by the time my grandson, old little girl and say that ‘‘it is time tics. Albert, graduates in the year 2012, it to look out for your future, too. It is Mr. HATCH. Mr. President, I yield 1 will be up to almost $25,000. time that someone stands up and cares minute to the distinguished Senator Mr. President, this is a defining mo- about you and your opportunities.’’ from Arizona. ment. We vote today to change the The PRESIDING OFFICER. The Sen- Mr. KYL. Mr. President, outside the Government. We vote today to carry ator’s time has expired. Senate Chamber on the Capitol out the mandate that was given to this Mr. HATCH. Mr. President, I yield 1 grounds, the debt clock is ticking: an Congress in 1994. minute to the distinguished Senator additional $9,600 every second, $576,000 Mr. HATCH. Mr. President, I yield 1 from Minnesota. every minute, $35 million every hour, minute to the distinguished Senator Mr. GRAMS. Mr. President, at the and $829 million every day. That is from Wyoming. State capital building in St. Paul, MN, nearly $1 billion in additional debt the The PRESIDING OFFICER (Mr. lawmakers presented Gov. Arne Federal Government is accumulating CRAIG). The Senator from Wyoming is Carlson with this petition yesterday. It each and every day. It is a catastrophe recognized for 1 minute. says: waiting to happen. Mr. THOMAS. Mr. President, I am We, the undersigned officials, duly elected The choice before the Senate today is proud to rise today to urge the passage by the citizens of the great State of Min- clear. We can defuse that time bomb of of House Joint Resolution 1, the bal- nesota, commit our support to congressional debt by passing the balanced budget anced budget amendment to the Con- passage of the balanced budget amendment amendment and begin to make the stitution. I am profoundly convinced and its ratification by the Minnesota State tough decisions necessary to put our that the future of our Government, in- Legislature. Nation’s fiscal house in order, or we deed the future of our country, depends Our petition is signed by 81 rep- can bury our collective heads in the upon reaching a measure of financial resentatives on the Federal and State sand and pretend that spending $1 bil- responsibility. I am equally convinced level, Republicans and Democrats, who lion a day beyond our means will not that failure to pass this amendment are concerned that this debt that we have devastating economic con- will result in continued deficit spend- are heaping onto the backs of our chil- sequences. ing and added burdens of debt and in- dren is not just wrong, it is criminal. But we ought to be honest with the terest payments. I ask unanimous consent that this American people: Without the balanced As Members of this body, we are hon- document be printed into the RECORD. budget amendment, there is no plan to ored to be trustees in the area of public There being no objection, the peti- balance the budget—not in 5 years, not policy for those who we represent, for tion was ordered to be printed in the in 10 years, or ever. The budget that the people of the United States. The fi- RECORD, as follows: President Clinton submitted to the nancial stewardship of this Congress MINNESOTANS FOR A BALANCED Congress earlier this month proposes has not met the test of fiscal and moral BUDGET AMENDMENT $200 billion deficits as far as the eye responsibility. can see. The President has no plan to I am persuaded that the people of (As of February 25, 1995) balance the budget. Wyoming demand that Congress re- We the undersigned officials, duly elected Although the new Congress is poised spond to their voice in November. They by the Citizens of the Great State of Min- nesota, commit our support to congressional to make significant cuts in spending, called for smaller Government, less ex- passage of the Balanced Budget Amendment there is no assurance that when the pensive Government. The test of good and its ratification by the Minnesota State pain begins to be felt in a few years, it Government is the responsiveness of Legislature: will not opt to mitigate pain by resum- that Government to the will of the peo- United States Senator Rod Grams. ing Federal borrowing as Congresses in ple. We have that opportunity today. Governor Arne Carlson. the past have done. That is why Mr. HATCH. Mr. President, I yield 1 U.S. Representative Gil Gutknecht (IR–1st Gramm–Rudman failed several years minute to the distinguished Senator CD). ago. It is why nothing less than the from Pennsylvania. U.S. Representative David Minge (DFL–2nd CD). balanced budget amendment will suc- The PRESIDING OFFICER. The Sen- U.S. Representative Collin Peterson (DFL– ceed in the future. ator from Pennsylvania is recognized 7th CD). Mr. President, this is a debate about for 1 minute. U.S. Representative Jim Ramstad (IR–6th the future, about preserving what is Mr. SANTORUM. Mr. President, we CD). best in America. It is about protecting see here 11 freshmen who were elected State Senate Republican Leader Dean senior citizens on Social Security. It is in the last election, and sophomores Johnson. about letting our families keep what who are with us. You do not see this State House Republican Leader Steve they earn. It is about protecting our many Members in the Senate—at least Sviggum. State Senator Charlie Berg (DFL–District children’s future. I do not usually when I have gotten up 13). I am hopeful today when this day to speak. State Senator Joe Bertram, Sr. (DFL–Dis- ends the U.S. Senate will have passed We are here because we got the mes- trict 14). the balanced budget amendment. sage. We are here because the Amer- State Senator Florian Chmielewski (DFL– Mr. HATCH. Mr. President, I yield 1 ican people sent us on a mission. They District 8). minute to the distinguished Senator sent us on a mission to make Govern- State Senator Dick Day (IR–District 28). from Ohio. ment leaner, smaller and more effi- State Senator Steve Dille (IR–District 20). State Senator Dennis Frederickson (IR– Mr. DEWINE. Mr. President, the pas- cient, and this balanced budget amend- District 23). sage of a balanced budget amendment ment is the vehicle by which all of that State Senator Paula Hanson (DFL–50). will do more to bring about the fun- happens. State Senator Terry Johnston (IR–District damental change that the American If this does not pass, all those things 35). people voted for in 1994 than anything that the people voted for on November State Senator Sheila Kiscaden (IR–District else that we can do. This is a vote 8 will not happen. But let me tell you 30). about our future. This is a vote about something, the balanced budget State Senator Dave Kleis (IR–District 16). our children. amendment will pass. Oh, it may not State Senator Dave Knuston (IR–District Let me share some sobering facts. pass today —I think it will—but it may 36). State Senator Cal Larson (IR–District 10). When my parents graduated from high not. But it will pass. The people who State Senator Arlene Lesewski (IR–Dis- school in the early 1940’s, the debt on will stand in the way of this balanced trict 21). each child that graduated was about budget amendment today will not be State Senator Warren Limmer (IR–District $360 dollars. By the time my wife and I around long to stand in the way the 33). S 3270 CONGRESSIONAL RECORD — SENATE February 28, 1995 State Senator Bob Lessard (DFL–District State Representative Walt Perlt (DFL–Dis- specify every detail about how we will 3). trict 57A). achieve it. When President Kennedy State Senator Tom Neuville (IR–District State Representative Jim Rostberg (IR– made the commitment to send a man 25). District 18A). to the Moon, he did not lay out the de- State Senator Ed Oliver (IR–District 43). State Representative Alice Seagren (IR– State Senator Gen Olson (IR–District 34). District 41A). sign for the Apollo spacecraft or the State Senator Mark Ourada (IR–District State Representative Steve Smith (IR–Dis- booster rocket. He did not decide which 19). trict 34A). astronaut would be the first man to set State Senator Pat Pariseau (IR–District State Representative Doug Swenson (IR– foot on the Moon. No, President Ken- 37). District 51B). nedy called America to greatness, he State Senator Martha Robertson (IR–Dis- State Representative Howard Swenson (IR– challenged people to a higher standard, trict 45). District 23B). because it was critical to our future. State Senator Linda Runbeck (IR–District State Representative Barb Sykora (IR–Dis- 53). trict 43B). Today, we need to challenge America State Senator Kenric Scheevel (IR–District State Representative Eileen Tompkins to greatness again, because balancing 31). (IR–District 36A). our budget is essential for our future. State Senator Dan Stevens (IR–District State Representative H. Todd Van Dellen Bad excuse No. 3: A supermajority re- 17). (IR–District 34B). quirement is undemocratic because it State Senator Roy Terwilliger (IR–District State Representative Tom Van Engen (IR– gives a minority the right to block the 42). District 15A). will of the majority. State Senator Jim Vickerman (DFL–Dis- State Representative Barb Vickerman (IR– What is undemocratic is that this trict 22). District 23A). State Representative Ron Abrams (IR–Dis- State Representative Charlie Weaver (IR– Congress spends the resources of the trict 45A). District 49A). unrepresented next generation. No tax- State Representative Hilda Bettermann State Representative Steve Wenzel (DFL– ation without representation was the (IR–District 10B). District 12B). cry of our Founding Fathers, and it is State Representative Dave Bishop (IR–Dis- State Representative Gary Worke (IR–Dis- my cry on behalf of unrepresented gen- trict 30B). trict 28A). erations yet to come. State Representative Fran Bradley (IR– Mr. GRAMS. Mr. President, whether The PRESIDING OFFICER. The Sen- District 30A). State Representative Sherry Broecker (IR– by fax or phone or during our conversa- ator’s time has expired. District 53B). tions together in town halls, Minneso- Mr. HATCH. Mr. President, I yield 1 State Representative Tim Commers (IR– tans, just like the rest of America, are minute to the junior Senator from Ten- District 38A). demanding action on this balanced nessee. State Representative Roxann Daggett (IR– budget amendment. The PRESIDING OFFICER (Mr. District 11A). If this Senate is going to do the will GRAMS). The junior Senator from Ten- State Representative Steve Dehler (IR–Dis- of the people as we were elected to do, nessee is recognized for 1 minute. trict 14A). then this balanced budget amendment Mr. FRIST. Mr. President, 4 months State Representative Jerry Dempsey (IR– District 29A). will pass and the final vote would be ago, I was elected to the U.S. Senate State Representative Ron Erhardt (IR–Dis- 100–0. Mr. President, let us make Feb- with the mandate to aggressively treat trict 42A). ruary 28, 1995, the day we finally take problems that have been readily diag- State Representative Don Frerichs (IR– responsibility for the uncontrolled nosed by the American people. The na- District 31A). spending of Congress in the 1980’s. Let tional debt is a malignant cancer grow- State Representative Jim Girard (IR–Dis- us make February 28, 1995, the day that ing every second of every day, consum- trict 21A). we, the Congress, keep our promise to ing the health and vitality of this Na- State Representative Bill Haas (IR–Dis- the American taxpayers and deliver a tion. trict 48A). State Representative Tom Hackbarth (IR– balanced budget amendment. The future hard work and dreams of District 50A). Mr. HATCH. Mr. President, I yield 1 our children are being sacrificed every State Representative Elaine Harder (IR– minute to the distinguished Senator day to feed this cancer. Conventional District 22B). from Missouri. treatment has failed. State Representative Mark Holsten (IR– The PRESIDING OFFICER. The Sen- Congress has demonstrated a lack of District 56A). ator from Missouri is recognized for 1 discipline to rein in Federal spending. State Representative Virgil Johnson (IR– minute. The President has said he will tolerate District 32B). THREE WORST EXCUSES AGAINST THE BALANCED increasing the debt from $18,000 to State Representative Kevin Knight (IR– BUDGET AMENDMENT District 40B). $24,000 for every individual. State Representative Le Roy Mr. ASHCROFT. Mr. President, here But there is a cure: The balanced Koppendrayer (IR–District 17A). are the three worst excuses that have budget amendment. State Representative Ron Kraus (IR–Dis- been made against voting for the bal- Clearly, we are mortgaging the fu- trict 27A). anced budget amendment in this Cham- ture of our children if we do not take State Representative Philip Krinkie (IR– ber. action today. I want the children of District 53A). Bad excuse No. 1: We do not need a America to inherit a prosperous future, State Representative Peggy Leppik (IR– balanced budget amendment because not a legacy of debt. For this reason, I District 45B). State Representative Arlon W. Kindner Congress already has the authority to urge my colleagues to join me in sup- (IR–District 33A). balance the budget. porting the balanced budget amend- State Representative Bill Macklin (IR–Dis- Of course, we have the authority to ment. trict 37B). balance the budget. What we need is a I yield the floor. State Representative Dan McElroy (IR– prohibition against doing what is Mr. HATCH. Mr. President, I yield 1 District 36B). wrong. The Constitution is not needed minute to the distinguished Senator State Representative Carol Molnau (IR– to protect Americans from Congress from Michigan. District 35A). doing what is right. Americans need The PRESIDING OFFICER. The Sen- State Representative R.D. Mulder (IR–Dis- trict 21B). the Constitution to protect them from ator from Michigan is recognized for 1 State Representative Tony Onnen (IR–Dis- Congress doing what is wrong: Spend- minute. trict 20B). ing the money of the next generation. Mr. ABRAHAM. Mr. President, I will State Representative Mike Osskopp (IR– The first five words of the Bill of undoubtedly cast many hundreds of District 29). Rights are, ‘‘Congress shall make no votes during my tenure in the Senate, State Representative Dennis Ozment (IR– law.’’ These words shield the people but it is unlikely I will cast any more District 37A). from Congress. Now we need to protect important vote than the one I will State Representative Erik Paulsen (IR– the rights and resources of the next make later today. District 42B). State Representative Tim Pawlenty (IR– generation from debts incurred by Con- With that vote, I will seek to amend District 38B). gress. the Constitution of our Nation to re- State Representative Dick Pellow (IR–Dis- Bad excuse No. 2: Before we have a quire that our national budget be bal- trict 52B). balanced budget amendment, we must anced. There are many reasons why I February 28, 1995 CONGRESSIONAL RECORD — SENATE S 3271 will vote this way, but first among The PRESIDING OFFICER. The Sen- Mr. HATCH. Mr. President, I yield a them is my conviction that our respon- ator from Utah is recognized for 1 minute to the distinguished Senator sibility to secure the economic future minute. from New York. of our country can only be fulfilled if Mr. BENNETT. Mr. President, I am The PRESIDING OFFICER. The Sen- we adopt this amendment. impressed by the unanimity of this ator from New York. Last night, when I said good night to freshman class. I am reminded of one Mr. D’AMATO. Mr. President, let me my 20-month-old twin daughters, I great truth around here, and that is commend my colleagues, not only for thought about the country they will in- that people who come to Washington their statements but for their clarity, herit when they grow up. I will not be- and stay a long time sometimes—and I the clarity they have brought to this queath to them and their generation a underline sometimes because it is not argument, that they campaigned on. legacy of debt. universal. I see many Members on the They did not just forget their cam- For too long, this Congress has failed floor for whom it is not true—some- paign promises. They are committed to to meet this responsibility to future times lose touch with the people back cutting down the size of Government. Americans. The failures have occurred home. It is always the most dangerous We must pass the balanced budget on both sides of the political aisle, and political thing that can happen to a amendment. Those who oppose this so now the solution must be bipartisan Member of the Senate, is to lose touch. amendment will face the wrath of the as well. My father got to the Senate because people. We must force the Federal Gov- I call on my colleagues to provide his predecessor became too important ernment to live within its means. The Betsy and Julie Abraham, and the in Washington to pay attention to the Federal Government spends too much other children of this country, the fu- people of Utah. My colleague, the sen- and taxes too much. ture they deserve—a future in which ior Senator from Utah, became a Sen- Today, as we vote on this amend- they will have the fullest opportunity ator because the man he defeated got ment, it is ironic that the Denver to realize the promise of America. out of touch. He was just reelected for International Airport is finally open- Mr. President, I urge this Senate to a fourth term, indicating that has not ing—more than 16 months late and $3 adopt this amendment to the Constitu- happened to him. billion over its original budget. tion. But the 11 Members who have come This $4.9 billion boondoggle dem- Mr. HATCH. Mr. President, I yield here now, who are the most recent peo- onstrates why we need the balanced ple to face the voters, come unani- budget amendment. It demonstrates the distinguished Senator from Okla- mously in favor of the balanced budget why we need less government, not homa 1 minute. amendment. When I return home to more. The PRESIDING OFFICER. The Sen- Utah and conduct my efforts to stay in If you have any question about the ator is recognized. touch, I find, again, unanimously the balanced budget amendment, take a Mr. INHOFE. Mr. President, for voice of the people are demanding that look at the Denver airport. weeks on end now we have been debat- we do this. So I rise to say I think the The FBI, SEC and the Denver district ing this issue, and I think we know people in this body should listen to the attorney are investigating allegations what the arguments are. people of the country who are telling of fraud and public corruption involv- The other night I took to the floor us overwhelmingly this is what they ing the construction of DIA. and spent 1 hour and 10 minutes diffus- want, and as their representatives here This airport is a monument to Gov- ing the 11 arguments that have been it is time for us to give them what they ernment waste and mismanagement. given against the balanced budget want. The FAA has already poured almost amendment. The bottom line is that The PRESIDING OFFICER. The Sen- $700 million of Federal dollars into this those are not real arguments. The bot- ator from Utah. white elephant. How much more will be tom line is that those individuals who Mr. HATCH. Mr. President, I yield 1 needed to keep this airport from crash are going to use arguments against the minute to the distinguished Senator landing? balanced budget amendment really do from New Hampshire. In 1989, when Denver voters approved not want to cut spending. Mr. SMITH. Mr. President, I say to the construction of DIA, the politicians Mr. President, the American people my colleagues, I have only been around promised that the new airport would do. Let us look at what happened on here 5 years. I am hardly considered a cost $1.7 billion and have 120 gates. The last November 8. Last November 8, veteran. But I have never seen a more airport’s price tax has now reached al- using the two indices of the stimulus impressive display in my time in the most $5 billion, and the airport has bill for spending hikes and the Na- Senate, indeed in all the years I have only 87 gates. What happened to gates tional Taxpayers Union rating for tax spent in the Congress, both the House 88 to 120? increases, virtually everyone in the and the Senate. This is a very personal The taxpayers have a right to know House and the Senate that was de- appeal, talking about their children on why DIA’s cost increased by $3 billion feated on November 8 voted for the behalf of the millions of other Amer- while the airport shrunk in size? Where stimulus increase—that is the spending ican children, and what this is going to did the extra $3 billion go? increase—and was rated either a ‘‘D’’ do to them in the future. That kind of The Denver airport was built on the or an ‘‘F’’ by the National Taxpayers unanimity, speaking on behalf of the expectation of 56 million passengers Union. elections in November as you have, is per year. But a total of only about 32 The bottom line is the big spenders something I hope my colleagues who million passengers will fly in and out and the big taxers do not want a bal- are still on the fence will hear. of Denver this year. anced budget amendment, but the This is much bigger than any one It is outrageous that Denver travel- American people do. And we have the Senator or any one Senator’s views. ers will reportedly have to pay $40 unique opportunity to give them what This is the American people at stake extra on every round-trip ticket to sup- they asked for on November 8. here. This is the economic future of port this airport. Mr. HATCH. Mr. President, I am real- America. All this talk we hear about Why was this Taj Mahal of the Rock- ly impressed that all 11 new Members how we are going to get it done, we do ies ever built? Why wasn’t Denver’s ex- to the Senate have spoken for the bal- not need the amendment—we are not isting airport, Stapleton, simply ex- anced budget amendment. It shows the getting it done. panded? Who is to blame for this folly? difference between what has gone on in This has been a crusade for me since The new Denver airport was built the past and what is really going to go the first day I ran for Congress and an- with almost $4 billion in municipal on in the future. nounced I was running in 1979. I am bonds. In the wake of the Orange Coun- I hope our colleagues pay attention, just proud to be with you, all of you, ty debacle, the Banking Committee is because this is the wave of the future, and appreciate what you have done. looking into the adequacy of disclosure and we have to pass this balanced If this passes it will be because of to DIA bondholders. budget amendment. you. Were bondholders adequately advised I yield 1 minute to the distinguished The PRESIDING OFFICER. The time of DIA’s projected revenues and costs? Senator from Utah. of the Senator has expired. Was information about Denver’s faulty S 3272 CONGRESSIONAL RECORD — SENATE February 28, 1995 baggage system withheld? What is the ticipated we will have about $300 bil- and spin-off more unfortunate crises long-term viability of DIA? Will DIA’s lion more in income than we are spend- than has any other single legislative bondholders be paid in full? ing this year. We can have a gradual proposal in the history of this Nation. The airport’s bonds have a junk rat- growth, but we will have to have re- How something that seems so simple ing. Standard & Poor’s says that ‘‘DIA strained growth. and straightforward to the casual ob- faces major ongoing uncertainties that I have read the editorials, Mr. Presi- server can be so truly diabolical and could lead to inadequate capacity to dent, as have you, criticizing this. It is destructive in nature confounds con- meet timely debt service payments.’’ interesting that not a single editorial ventional wisdom. But a closer look re- Will Denver’s taxpayers have to pick has mentioned economic history. Take veals the impossible nature of this oft- up the tab if the airport defaults? a look at this chart right here. This is touted but little understood amend- As we vote on the balanced budget the latest CBO estimate of where we ment. amendment, we must remember the are going in deficit versus national in- Section VI of the amendment states Denver airport. We must remember come, GDP. Historically, as nations that ‘‘The Congress shall enforce and what happens when taxpayers’ money have come around 9 or 10 or 11 percent, implement this article by appropriate is wasted on grandiose schemes. We right around here, they have started legislation, which may rely on esti- must force Government to live within monetizing the debt, started the print- mates of outlays and receipts.’’ The its means. ing presses rolling, started devaluing amendment is immediately rendered The PRESIDING OFFICER (Mr. their currency. Those who vote against unworkable with those 20 words in sec- ASHCROFT). The Senator from Utah. this are taking the chance that we can tion VI. If one looks at the history of Mr. HATCH. Mr. President, this has be the first nation in history to go up budget forecasts, it quickly becomes been a very good debate. I appreciate to this kind of debt without monetizing apparent—and no one would know this our friends and colleagues and the oth- the debt. But what a huge gamble with better than the distinguished Chair- ers who have spoken. There are a num- the future of our country. As respon- man of the Budget Committee, Senator ber of others who would like to speak. sible Members of this body we should DOMENICI—that forecasting budget re- Frankly, I would like to yield the re- not be making that gamble. ceipts and outlays is not unlike fore- mainder of our time to a person who I I have heard a lot of about Social Se- casting the weather. Both are far from think has fought his guts out for this curity on the floor of the Senate today exact sciences, although the local amendment, who I think has shown a and these past days. I want to protect weatherman probably hits the bull’s great deal of courage, who I know has Social Security. The only way you can eye with much more frequency than been badgered both ways, and for whom protect Social Security is to make sure even our best budget prognosticators. I have the utmost respect in this mat- we do not devalue our currency. I think Under Section VI of this balanced ter. That is the distinguished Senator it is vital for the future of our Nation budget proposal, erroneous and chang- from Illinois. and our children and generations to ing budget forecasts would have us Mr. SIMON. Mr. President, how much come that we pass this constitutional dealing with the budget almost contin- time do I have remaining? amendment. ually. Planned spending enacted before The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The re- the fiscal year could have to be ator has 3 minutes and 45 seconds. maining time is under the control of changed one or more times during the Mr. SIMON. Mr. President, I thank Senator BYRD. fiscal year. In a constantly fluctuating Senator HATCH, Senator CRAIG, and ev- Mr. BYRD. Mr. President, I thank economy, where outlays and receipts eryone who has played a part in this. I the Chair. alter with business cycles, as well as got on the Dirksen elevator the other Mr. President, I note that we have with unemployment, earthquakes, day and right after me came in Senator the entire Republican response team on fires, and overseas conflicts, requiring JOHN CHAFEE and he said, ‘‘What a hor- the floor here today. They are out in rigid end-of-year budget balance, to be rible debt we are imposing on future full numbers. I have thought here- determined by estimates is nothing generations.’’ That sums it all up. tofore, when only one or two members short of a recipe for utter chaos. As if We heard precisely the same argu- of the response team came to the floor, that were not enough, the problem of ments in 1986. We had $2 trillion worth that the other seven might be com- inaccurate estimates is compounded by of debt and now we have $4.8 trillion pared with the Seven Sleepers of Eph- the text of Section II. Section II re- worth of debt. This year we will spend esus, to whom Gibbon referred in his quires that the limit on debt held by $339 billion on interest. We will spend magnificent magisterial work, ‘‘The the public not be increased absent a twice as much as what we spend on our Decline and Fall of the Roman Em- three-fifths vote. Since an increase in poverty programs, 11 times as much as pire.’’ But they are all here today. debt closely correlates with an excess we spend on education, 22 times as They really did not sleep as long as the of outlays over receipts, the amend- much as we spend on foreign economic Seven Sleepers, who slumbered 187 ment actually requires Congress to assistance. In fact, we spend twice as years, from the reign of Decius, who take two actions to allow for a deficit much money on foreign aid for the reigned from 249 to 251 A.D., until the in any given fiscal year: pass a law to wealthy in terms of interest on bonds reign of Theodosius II, who reigned increase the debt limit, and pass an- that are held overseas than we spend from 408 to 450 A.D. Congratulations to other law for a specific deficit for the on foreign aid for the poor. the Republican response team. They year. Will it be painful if we pass this? Yes. have worked hard and acquitted them- To further elaborate on the ‘‘shop of There is going to be some pain. There selves well. horrors’’ which this amendment offers, is going to be infinitely more pain for Mr. President, it may be of historical let us discuss for a moment the prin- this Nation and a lowered standard of interest to some Senators, as it is to ciple of majority rule. This amendment living if we continue to have these me, that on this very day 200 years ago, would, for the first time, I believe, huge deficits. The pain we are asked to the Congress was debating public debt overturn the principle of majority rule. impose upon ourselves is small com- legislation—on February 28, 1795—just The budget of this Nation and critical pared to some of the steps that, for ex- as we are today, on February 28, 1995. economic decisions that relate to that ample, Margaret Thatcher took in I will ask to include in tomorrow’s budget could, at the most critical of Great Britain to turn that country RECORD, for the information of Sen- times, be placed in the hands of a mi- around. ators, the materials pertinent to that nority. Minorities are not elected to If you assume no change in interest debate, and to the statute that resulted control the Nation’s policies. Majori- rates, and every projection is that if we therefrom. ties are charged with that duty. Yet, pass this, interest rates are going to go Mr. President, rarely have I seen in this amendment would actually hand a lower—but if you assume no change in all my years in the Senate a measure minority the power to determine eco- interest rates, and no deductions on so flawed as the one before us today. If nomic policy, and it would hand that Social Security, it means that we can adopted, this constitutional amend- power over during times of domestic or grow 1.7 percent a year in income. Put ment will surely create more mischief, foreign economic crises, natural disas- another way, in the year 2002, it is an- generate more surprise consequences, ters, international turmoil, recessions, February 28, 1995 CONGRESSIONAL RECORD — SENATE S 3273 or other economic emergencies. That cut deficits and be reelected. That is immediately rejected by the Senate. I makes no sense. It makes no sense at hardly a noble reason to proceed to re- hope that we will come to our senses all. write our carefully preserved national and defeat this patched-up, pulled-to- Moreover, the amendment’s wording charter, preserved for us with blood gether ‘‘Frankenstein’’ before it is too in section II—‘‘The limit on the debt of and protected through the statesman- late. the United States held by the public ship and the courage of the past mem- Mr. President, on March 2, 1805—that shall not be increased. . . .,’’ allows the bership of this and the other body is only 2 days away from being exactly Federal Government to keep borrowing through 200 years of time. It is now up 190 years ago—Aaron Burr, after he had from the trust funds, including the So- to the Members of this current Senate presided over the impeachment trial of cial Security trust fund, because ‘‘debt to live up to the standard of patriotism Samuel Chase and before leaving the held by the public’’ refers to exter- and courage set by our predecessors on Senate Chamber for the last time, nally-held debt, not internally-held important and critical matters spoke to the Members of that body debt. So, we can keep putting IOU’s throughout our history. There will be over which he had presided for 4 years. into the trust funds and borrowing to no more important vote any of us will The speech was one which left many of mask the true size of the deficit, with- ever cast. the Senators of that ancient day in out ever having to make good on our Before this day has passed, each of us tears. As we come to a close of this de- IOU’s. In the case of the Social Secu- will be tested as to strength of char- bate very soon, his closing words rity trust fund, when the baby boomers acter and fealty to our sworn oath as should ring in the ears of today’s men reach retirement age and the revenues Senators. and women who serve in this body. in the trust fund drop because fewer I hope, Mr. President, we will not, in Aaron Burr said, with regard to the people are working and paying into the this critical moment, be found want- U.S. Senate: ‘‘This House is a sanc- fund and more people are drawing bene- ing. The amendment will have con- tuary—a citadel of law, of order, and of fits out of the fund, how will we ever be sequences which no one can predict—no liberty; and it is here—it is here, in able to replace the nearly $3 trillion one. We have tried to explore some of this exalted refuge—here, if anywhere, which we have borrowed? those consequences throughout the 30 will resistance be made to the storms The amendment is so full of flaws, so days of debate which have been of political phrensy and the silent arts reflective of flabby thinking, so arro- consumed on this proposal. But it of corruption; and if the Constitution gant in its disregard for the traditional seems that the more one studies the be destined ever to perish by the sac- checks and balances and separation of amendment, the more flaws become ap- rilegious hands of the demagogue or powers, that its consequences could be parent. the usurper, which God avert, its expir- nothing short of a calamity. I am confident that should we go on ing agonies will be witnessed on this The amendment so blurs and another 30 days, additional flaws and floor.’’ smudges the historical balance among problems would very likely be found. Mr. President, the decision which the the three branches that it renders our However, here we are at the 11 hour, Senate will make before this day’s sun traditional constitutional structure to witnessing desperate—desperate —last- has set can very well turn out to be the a mere shadow of its former clarity. minute efforts to salvage this amend- prophetic end of Burr’s words. I have Congress’s traditional power of the ment through a cut-and-paste process cast 13,744 votes in this Senate since I purse is seriously hamstrung by the designed only to win votes and to came to the Senate, now going on 37 yearly supermajority requirements to somehow shove this extremely perilous years ago. This does not include the waive the provisions of the amend- proposal through the Senate. Have we more than 400 votes that I cast in the ment, and by the possibility of un- lost all of our senses? What other flaws other body before I came to the Senate. checked impoundments of appropriated are we writing into the Constitution But barring none, this is the most im- funds by the Executive. The Presi- with this quick editing process which portant vote of my political career on dent’s flexibility on budgetary matters is currently going on on the Senate Capitol Hill. It is important, because is also seriously impaired because he floor? What other checks and balances we are tampering with the Constitu- must present a balanced budget every are we compromising with this insane tion of the United States, an immortal year whether he deems it wise or not. bidding war for votes? document that has served us well over The courts will either gain tremen- So here we are at the last minute, a period of 206 years. And we are reach- dous power over both branches and the 11 hour, the 59th minute of the 11 ing a critical point in the history of over matters of budget policy or be hour, and there is this hurried, des- this country and in the history of the rendered largely impotent, depending perate effort to find a way to garner Constitution when we face the awful upon how the implementing legisla- another vote. Cut and paste. Change. prospect of an amendment, which has tion, if there ever is any, is written, We see this frenetic exercise being car- been rushed through the other body in and depending upon the course of ried on here, all the hurry at the last 2 day’s time, and which has the support events. One thing is certain: uncer- moment now to try to patch over some all over this country of the overwhelm- tainty will reign. of the flaws that have been brought to ing majority of the American people— One additional thing is certain. The light. because they have not been duly in- ghost of John Marshall was not looking Careful consideration has been formed of its contents and of the rami- over the shoulders of the authors of thrown to the four winds, and all that fications that will flow from its adop- this most unfortunate amendment. seems to matter at this point now, Mr. tion and ratification. It is said that There is no reason to spoil our President, is a victory for the pro- there is only one vote that stands be- grandest historical document with this ponents, at all costs. We are not filling tween the Senate and the Constitution macabre twisting of the balance of in a crossword puzzle. We are not try- and that awful end which Burr prognos- powers. We can begin to address budget ing this word or that word out to win ticated which would be witnessed on deficits right now by passing legisla- a prize. We are writing a constitutional this floor. ‘‘If the Constitution be des- tion to further reduce the deficits, and amendment. John Marshall said: ‘‘Let tined ever to be destroyed by the sac- without waiting on any constitutional us not forget that it is the Constitution rilegious hands of the demagogue or amendment to provide us cover for the we are expounding.’’ I add my own the usurper, which God avert, its expir- hard choices we were elected to make. modest footnote by saying that it is ing agonies will be witnessed on this Political cover has its place and can the Constitution that we are amending. floor.’’ be helpful in some situations, but this We are writing a constitutional amend- Mr. President, I pray to God that cover is far too costly. Destroying the ment—something that will affect the Senators will rise to the occasion—I Constitution is too high a price to pay representative democracy for genera- have seen this Senate demonstrate for political cover. tions of Americans through the coming courage and character before, and I We can cut the deficit without this ages. I regret the rather tawdry at- hope it will do so today—and that Sen- amendment. But, I fear that the para- tempt at the last-minute tinkering ators will cast their vote to protect for mount concern of some is whether, ab- being made to try to salvage a proposal their children and their children’s chil- sent this amendment, they can vote to that is so flawed that it ought to be dren throughout all the ages to come, S 3274 CONGRESSIONAL RECORD — SENATE February 28, 1995 this unique Constitution that was writ- Mr. BYRD. Mr. President, I ask unan- Simpson Specter Thompson Smith Stevens Thurmond ten by those illustrious men, like Ham- imous consent for 30 seconds. Snowe Thomas Warner ilton and Madison and the other Fram- The PRESIDING OFFICER. Without ers who sat in Philadelphia in 1797, objection, it is so ordered. NAYS—39 lacking only 2 years, Mr. President, of Mr. BYRD. I wish to express my Akaka Dorgan Lautenberg being 210 years ago. Baucus Feingold Leahy thanks to the Senator from Maryland Biden Feinstein Levin Mr. President, I close with the urgent and the Senator from Connecticut for Bingaman Ford Lieberman plea that we remember Marshall’s ad- their constant and vigilant defense of Boxer Glenn McCain monition. Let us not forget that it is a our Constitution of the United States Bradley Graham Mikulski Breaux Harkin Moynihan Constitution that we are expounding against this assault that is being made Bryan Heflin Nunn and let us not forget also, Mr. Presi- on the Constitution. Bumpers Hollings Pell dent, that it is a Constitution that we I thank them for their vigor, for Byrd Inouye Pryor are amending. Conrad Johnston Reid their constant diligence, and for their Daschle Kennedy Sarbanes God save the United States of Amer- spirit of defense of a great Govern- Dodd Kohl Wellstone ica! God save the Constitution of the ment. United States! May this Senate rise to NOT VOTING—1 f do its duty in order that our children Kerry may have cause to honor the memories RECESS UNTIL 2:15 P.M. So the motion to lay on the table the of their fathers as we have cause to The PRESIDING OFFICER. Under amendment (No. 274) was agreed to. honor the memory of ours. the previous order, the hour of 12:30 VOTE ON MOTION TO TABLE AMENDMENT NO. 291 The PRESIDING OFFICER. The time p.m. having arrived, the Senate will The PRESIDING OFFICER. Under has expired. now stand in recess until the hour of the previous order, the question now Mr. SARBANES addressed the Chair. 2:15 p.m. occurs on the motion to table amend- The PRESIDING OFFICER. The Sen- Thereupon, the Senate, at 12:34 p.m., ment No. 291, offered by the Senator ator from Maryland. recessed until 2:15 p.m.; whereupon, the from Wisconsin [Mr. FEINGOLD]. Mr. SARBANES. Mr. President, I ask Senate reassembled when called to The yeas and nays have been ordered, unanimous consent to proceed for just order by the Presiding Officer ( Mr. and the clerk will call the roll. 30 seconds. The legislative clerk called the roll. The PRESIDING OFFICER. Without SANTORUM). Mr. FORD. I announce that the Sen- objection, it is so ordered. The PRESIDING OFFICER. The Sen- ator from Massachusetts [Mr. KERRY] Mr. SARBANES. Mr. President, I ate will now come to order. is necessarily absent. know time has expired. I asked for 30 Mr. DOLE. Mr. President, let me in- The PRESIDING OFFICER. Are there seconds to express my very profound dicate to my colleagues the first vote any other Senators in the Chamber gratitude to the distinguished Senator will be a 20-minute vote. All subse- who desire to vote? from West Virginia for his powerful quent votes will be 10 minutes. The result was announced—yeas 99, statement on behalf of the Constitu- It is my hope that it will not take 10 nays 0, as follows: tion. minutes on each vote. I urge my col- I know of no Member of the Congress leagues on both sides to stay on the [Rollcall Vote No. 81 Leg.] who has a deeper, more enduring dedi- floor. There will be 17, 18, 19, or 20 YEAS—99 cation to the Constitution than does votes, and we can complete action on Abraham Feingold Lugar the Senator from West Virginia. I take the votes, hopefully by 5 o’clock, if we Akaka Feinstein Mack all stay right here. There will not be Ashcroft Ford McCain his wise and moving words to heart. I Baucus Frist McConnell am privileged to serve with him. I want time to go anywhere else. I urge my Bennett Glenn Mikulski to thank him for standing resolutely colleagues to stay on the floor. Biden Gorton Moseley-Braun on this floor day in and day out and VOTE ON MOTION TO TABLE AMENDMENT NO. 274 Bingaman Graham Moynihan Bond Gramm Murkowski eloquently championing the basic, fun- The PRESIDING OFFICER (Mr. Boxer Grams Murray damental document of our Republic— THOMPSON). Under the previous order, Bradley Grassley Nickles the Constitution—which has served us the vote now occurs on the motion to Breaux Gregg Nunn so well for 206 years. Brown Harkin Packwood table amendment No. 274 offered by the Bryan Hatch Pell Mr. DODD addressed the Chair. Senator from California [Mrs. FEIN- Bumpers Hatfield Pressler The PRESIDING OFFICER. The Sen- STEIN]. Burns Heflin Pryor ator from Connecticut. The yeas and nays have been ordered. Byrd Helms Reid Campbell Hollings Robb Mr. DODD. Mr. President, I ask unan- The clerk will call the roll. Chafee Hutchison Rockefeller imous consent to proceed for 30 sec- The legislative clerk called the roll. Coats Inhofe Roth onds. Mr. FORD. I announce that the Sen- Cochran Inouye Santorum Cohen Jeffords Sarbanes The PRESIDING OFFICER. Without ERRY ator from Massachusetts [Mr. K ] Conrad Johnston Shelby objection, it is so ordered. is necessarily absent. Coverdell Kassebaum Simon Mr. DODD. Mr. President, I just want The PRESIDING OFFICER. Are there Craig Kempthorne Simpson to join my colleague from Maryland in any other Senators in the Chamber de- D’Amato Kennedy Smith commending our beloved colleague Daschle Kerrey Snowe siring to vote? DeWine Kohl Specter from West Virginia. The result was announced—yeas 60, Dodd Kyl Stevens However the Senate decides this nays 39, as follows: Dole Lautenberg Thomas Domenici Leahy Thompson afternoon, I can speak with a great [Rollcall Vote No. 80 Leg.] deal of certainty that the children, Dorgan Levin Thurmond YEAS—60 Exon Lieberman Warner grandchildren, great grandchildren, Faircloth Lott Wellstone and great-great-grandchildren of the Abraham Exon Kyl Ashcroft Faircloth Lott NOT VOTING—1 distinguished Senator from West Vir- Bennett Frist Lugar Kerry ginia will indeed be proud of how he Bond Gorton Mack has stood for his country and has stood Brown Gramm McConnell So the motion to lay on the table the Burns Grams Moseley-Braun for the Constitution. I am deeply proud Campbell Grassley Murkowski amendment (No. 291) was agreed to. to stand with him. Chafee Gregg Murray VOTE ON THE MOTION TO TABLE AMENDMENT NO. I have cast no vote in the past 20 Coats Hatch Nickles 259 Cochran Hatfield Packwood years that will be as important as the Cohen Helms Pressler The PRESIDING OFFICER. Under one I cast this afternoon. I am proud to Coverdell Hutchison Robb the previous order, the question is on cast my vote along with that of the Craig Inhofe Rockefeller agreeing to the motion to lay on the Senator from Maryland and the Sen- D’Amato Jeffords Roth table the amendment numbered 259 of- DeWine Kassebaum Santorum ator from West Virginia in defending Dole Kempthorne Shelby fered by the Senator from Florida [Mr. our Constitution from this assault. Domenici Kerrey Simon GRAHAM]. On this question, the yeas